Orissa

Cuttak

CC/75/2018

Tusar Nayak - Complainant(s)

Versus

Branch Manager,UCO Bank - Opp.Party(s)

Self

10 Jun 2020

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C No.75/2018

1.            Tusar Nayak,

S/O:Harekrushna Nayak,

At:Aparna Nagar,PO:Nayabazxar,

P.S:Chauliaganj,Dist:Cuttack.

 

2.            Rubi Nayak,

D/O:Harekrushna Nayak,

At:Aparna Nagar,PO:Nayabazxar,

P.S:Chauliaganj,Dist:Cuttack.                                                      ….Complainants.

 

                Vrs.

 

1.            Branch Manager,UCO Bank,City Branch,

Mahanadi Vihar,PO:Nayabazar,Cuttack-753004.

 

2.            Zonal Manager,UCO Bank,

At:C-2,Ashok Nagar,Unit-II,

Bhubaneswar-751009.                                                                   ....Opp. Parties.

                                                                                    

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:      20.07.2018

 Date of Order:   10.06.2020

 

For the complainant           :     Self.

For the O.Ps 1 & 2             :     Mr. B.B.Swain.       

 

Sri Dhruba Charan Barik,President.

                Both the complainants having attributed deficiency in service to the O.Ps have filed this case seeking appropriate reliefs against them in terms of their prayer in the consumer complaint.

1. The facts of the complainants case in short is that complainant no.1 Sri Tusar Nayak  and his wife Rashmita Swain made fixed deposit of Rs.5,00,000/- vide fixed deposit No.2858030012833 with O.P No.1 on 4.4.16.  The maturity value as shown in the certificate was Rs.5,39,626/-.  But at the time of renewal of the said fixed deposit on 4.4.17 O.P No.1 reduced the amount by Rs.8002/-.  Accordingly it was renewed for Rs.5,31,626/- instead of Rs.5,39,626/-Annexure-1 is the photo copy of the said fixed deposit.  On 17.4.17 complainant no.1 requested O.P No.1 to refund the deducted amount which was wrongly made in this case or to intimate the reason thereof.  Annexure-2 is the copy of the letter dt.17.4.17 sent to O.P No.1.  On 28.4.17 O.P No.1 wrote to the complainant vide Annexure-3 that the above amount was deducted since the complainant no.1 has failed to file 15 G form for the year 2016-17 as well as his PAN Card for the purpose of income tax.  However it was assured that the deducted amount would be deposited in his PAN by 31^st May of that year.  It is important to leave a mention here that the complainants have not given the copy of the ADHAR Card,PAN Card as address proof in the office of O.P No.1 while opening the Savings Bank Account No.158401000000655 and 15840100003304 but those were filed before UCO Bank,Chauliaganj,Cuttack in connection with other banking transaction.  It is further stated that the complainant had intimated O.P No.1 vide his letter dt.12.5.17 requesting him to accept the 15G form available with UCO  Bank,Chauliaganj Branch,Cuttack.  Annexure-6 is the said letter but O.P.1 refused to accept the same.  Aannexure-4 & 5 are the documents relied upon by the complainants to this effect.  It is also stated that O.P.1 refunded locker rent of Rs.32/- to the complainant by virtue of the above documents.  Annexure-7 is the copy of the document of refund of Rs.32/- and Annexure-8 is the document showing the locker rent.  The complainants have also moved the O.P No.2 to take appropriate action in the matter through their letter dt.12.5.17 vide Annexure-6 but of no avail.

The complainant no.2 and her husband Parthasarathi Samantaray made fixed deposit of Rs.2,00,000/- with O.P.1 on 12.4.2015 and the maturity value was Rs.7,23,539/- vide fixed deposit no.28580310001400.Copy of the said fixed deposit has been marked as Annexure-9.While making the second renewal, the maturity value was reduced by Rs.1372/-.The complainant no.2 had also requested O.P No.1 vide her letter dt.15.9.17(Annexure-10) to refund the deducted amount which was made illegally or to intimate the reason thereof but it was not duly responded to.The bank has also not given the TDS certificate which is mandatory.Complaint made before O.P No.2 in this regard also did not yield any result.Annexure-11 is the copy of the said complaint made to O.P.2.

The activities of O.Ps 1 & 2 as stated above are tantamount to deficiency in service.It is therefore prayed that the O.Ps may be directed to pay Rs.8,002/- to the complainant no.1 together with interest @ 15% per annum from 4,4,17 till the date of actual payment, to direct O.Ps to pay Rs.10,000/- towards compensation and Rs.2000/- towards cost of litigation to complainant no.1 and also to direct the O.Ps to pay Rs.1372/- together with interest @ 15% per annum from 29.6.16 till actual payment to complainant no.2 and also to direct them to pay Rs.5000/- towards compensation and Rs.2000/- towards cost of litigation in the interest of justice.

2. Both the O.Ps entered appearance and contested the case.  It is stated that the case is not maintainable both in fact and law and there is suppression of material facts.  It is stated that the consumer complaint for multiple cause of action by more than one complainant is not maintainable and the same is liable to be dismissed.  The O.Ps while traversing the material points in the averment made in the consumer complaint have categorically stated that the complainants have failed to produce the copy of the PAN Card, 15 G form and other relevant documents before O.P No.1 while opening the accounts and also subsequent thereto for which tax  deduction was made.  Reference to the above documents as per Annexure-A/1 which are available in the officer of the UCO Bank,Chauliaganj Branch,Cuttack is not the proper compliance of the requirement of the rules of the bank.  It is categorically stated that the same fact was also repeated in case of the fixed deposit made by the complainant no.2 and her husband.  The copies of the above documents were filed before O.P No.1 vide Annexure-B/1.  In absence of anything to the contrary to prove deficiency in service or unfair trade practice, the consumer complaint is liable to be dismissed.
3. We have heard the learned counsels for the O.Ps and the father of the complainant on this point and gone through the case records and the annexures filed thereto.  It is an admitted fact that both the complainants have not filed 15 G form, copy of PAN Card and other relevant documents as required before O.P No.1.  Request was made by them that those documents are available in the office of UCO Bank,Chauliaganj and O.P No.1 should verify those document if necessary.  As rightly submitted by learned counsel for O.P No.1 that verification of those documents at UCO Bank office,Chauliaganj, in absence of physical production of them before O.P No.1 is not the proper compliance of the required rules.  In that view of the matter income tax deduction made by O.P No.1 is not unjustified.  It is also important to leave a mention here that the tax so deducted has been credited to the account of the complainant subsequently.  Hence there is no deficiency in service.

Failure of complainant to add Rashmita Nayak, the wife of complainant No.1 and Partha Sarathi Samantray, the husband of complainant No.2, who are joint account holders is tantamount to non-joinder of necessary parties.Hence ordered;

                                                                                ORDER

The complaint case is devoid of merit and there is no deficiency in service on the part of the O.Ps.Hence the case be and the same is dismissed on contest against the O.Ps.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the   10^th day of June,2020  under the seal and signature of this Forum.

                                                                                                                                                  

   (   Sri D.C.Barik )

                                                                                                                       President.

                                                                                                            (Smt. Sarmistha Nath)   

                                                                                                                     Member(W).